JUDGMENT

A. S. NAIDU, J. — The judgment and order dated 5th August, 1987 passed by the Sessions Judge, Balasore in S.T.No. 52 of 1987 convicting the appellant of the charge under Section 304 Part II of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for five years is assailed in this appeal.

2. Bereft of unnecessary details, the facts of the case are that there was prior dispute among the informant family and the family of the appellant over demarcation of the boundary among their adjoining homestead lands and raising of fence. On 22.11.1986 morning deceased Bairagi had called P.W.2 Bansidhar Dandapat the head of village of the parties who discussed with the family members of deceased and appellant at an open space in front of the house of the deceased and decided that by putting a rope from the point of a ‘Siju’ tree upto the end of a wall, the parties might put the demarcating fence. While he was about to return from that place, at that juncture of time the appellant picked up a bamboo piece that was lying nearby and dealt a blow with that on the head of Bairagi. Bairagi having fallen down and become senseless with bleeding injuries P.W.2 lifted him to t